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<br />(d) Riqht of Assiqnee to Enforce. Upon <br />assignment of any portion of Capacity by Developer to an <br />Assignee, Assignee shall have the right to enforce the <br />obligations of City under the Amendment and this Exhibit B to <br />the extent such obligations directly relate to the portion of <br />the Property which is transferred to Assignee and to said <br />portion of the capacity which is likewise so assigned. <br />Assignee shall have no rights of enforcement against City <br />, <br />relating to an Excessive Assignment. <br />I <br /> <br />(e) No Assiqnment in Excess of Capacitv. <br />Developer shall not assign Treatment Capacity in excess of the <br />Capacity, (such an excessive assignment is referred to herein <br />as an "Excessive Assignm~nt"). unless so authorized by the City <br />pursuant to section 2.02(c) or (d) of this Exhibit B. City <br />shall not be liable, responsible or obligated to provide an <br />Asskgnee with Treatment Capacity which is In fact an Excessive <br />Assignment. Nothing in the Amendment (including this <br />Exhibit B) shall be construed to limit the authority of City to <br />allocate Treatment Capacity to Developer or an Assignee in <br />excess of the Capacity. <br /> <br />Section 3.02. Restrictions On Allocations. To assist <br />in making Capacity available and to monitor the Capacity <br />allocated to Developer and its Assignees, City shall not <br />allocate to an Assignee" in building permits, sewer permits or <br />otherwise, Treatment Capacity in an amount in excess of the <br />amount of the Capacity s6 assigned to Assignee, or for use on <br />any land other than the land within the Property to which <br />Developer so assigned th~ capacity. <br /> <br />9 <br /> <br />7.0/0597F.007/051093/14123-006 <br />